The Growth of Crossbow Use (and Injuries)

The use of crossbows for target practice and hunting has grown significantly in the past ten years.  This could be due to a number of factors.

First, as more and more predators have been eliminated from the North American continent, the deer population has been significantly enlarged.  In turn, state governments, as a matter of public policy, have been trying to encourage more folks to hunt.  One may surmise, however, that permitting the use of crossbows would not only reduce, but destroy the deer population.  This does not seem to be the case (although the data is limited).  In Ohio, where crossbow hunting has been legal since 1976, there has been concurrent growth in both the number of hunters, and the deer population.


The Most Comprehensive Crossbow Data Available

Crossbow injuries

Image by Capri23auto from Pixabay 

The state of Michigan has the most comprehensive statistics on crossbow use.  Michigan first legalized crossbow hunting in 2008, then commissioned a study to see the effect on hunters preferences through 2011.  The report, authored by Brian Frawley and Brent Rudolph1)You can read the report here: Michigan Crossbow Report, provides some interesting takeaways, especially given that they had a survey population of nearly 1,500:

  • Between 2009 and 2011, the proportion of archers using a crossbow increased from 19% to 37%.
  • Between 2009 and 2001, the number of folks hunting during archery season (this is when hunting with firearms is not permitted, but using a bow [and now crossbow] is permitted) increased by 13%.
  • Between 2009 and 2011, 25% of the hunters surveyed said that they had not hunted during previous archery seasons.
  • For the same period, 19% of the people surveyed stated that they had never hunted with anything other than a firearm before crossbow use was permitted during archery season.
  • Of the hunters surveyed, 88% said that the use of crossbows during hunting “met all or most of their expectations.”
  • Of the hunters surveyed, 96% of those surveyed said they would use a crossbow again in the future.

There is no reason to believe that the statistics from Michigan would not be applicable to hunters in the other states of the union, as Michigan hunters do not have traits that differentiate themselves from other hunters.  Correspondingly, it is reasonable to posit that if crossbow hunting continues to expand across the country, folks in other states would adopt the trends shown in Michigan.


The National Growth in Crossbow Hunting

Twenty-three states now permit crossbow hunting during all parts of archery season.  An additional eleven states, including Nevada, permit crossbow hunting during firearm season (the part of hunting season where guns are allowed).  An additional four states permit crossbows for at least part of the archery season.  All in all, only one state (Oregon), has a complete prohibition against crossbows.  It certainly seems the national trend is toward permitting more crossbow hunting and crossbow use.


But at What Cost?

The rise of crossbow use has come with a correlated rise in crossbow injuries.  After a quick internet search, one will see that these product liability cases against crossbow manufacturers are popping up in venues throughout the country: From multiple reported injuries in Texas, to Florida, to Wisconsin, crossbow hunters have suffered severe injuries to fingers and thumbs from the (alleged) manufacturing defects of the crossbows in question. Even Clear Counsel Law Group's own personal injury attorneys have represented people hurt by crossbows. One wonders if the crossbow manufacturers have accounted for the high percentage of firearm converts to crossbows without recognizing the difference in operation. 2)Note the 19% of people surveyed in the Michigan study that converted to crossbows once they were permitted to use them in archery season.

It is hard to say that the manufactures are not aware of the high conversion rate, as modern crossbows look more and more like rifles.  Hopefully, more will be done in the design stage to prevent the rash of these injuries, especially as crossbow use continues to trend upward.


1 You can read the report here: Michigan Crossbow Report
2 Note the 19% of people surveyed in the Michigan study that converted to crossbows once they were permitted to use them in archery season

Cosmopolitan Fires Back in Vegas Nocturne Lawsuit

At the beginning of this year, the Cosmopolitan opened a new “social club” called Rose.Rabbit.Lie.  The venue was “a grand social experiment” that offered dinner, drinks, entertainment and a stand-alone show called Vegas Nocturne.  Vegas Nocturne was produced by the same company as the hugely-popular Absinthe at Caesar’s.   However, the show closed unexpectedly on July 13, 2014 after the Cosmopolitan sent the show’s producers, Spiegelworld, a notice of termination ending the contract between the two companies.  Spiegelworld then filed suit on August 6, 2014 against the parent company of the Cosmopolitan in Clark County District Court.

Spiegelworld's allegations

Spiegelworld alleges that the Cosmopolitan started the relationship in bad faith and failed to properly market both the social club and the show.  Consequently, the show had lackluster ticket sales even on opening night.  In addition, Spiegelworld was required to partner with a third-party food and beverage operator.  According to the complaint, the staff for the food and beverage operator engaged in inappropriate and illegal behavior including stealing alcohol from the venue, sexual harassment, public intoxication and substance abuse.  Further, Spiegelworld alleges that the Cosmopolitan has failed to pay the severance agreements in excess of $500,000 for the performers contemplated in the agreement.  In addition, Spiegelworld claims that the Cosmopolitan has illegally retained the show’s property including costumes, props and sets to use at Rose.Rabbit.Lie.  Moreover, the Cosmopolitan has contractually restricted Spiegelworld from opening Vegas Nocturne at another venue or to use any of the entertainers for one year after the show’s closing.

Cosmo's countersuit

At the time of the lawsuit, the Cosmopolitan stated that it would vigorously defend Spiegelworld’s allegations.   On August 28, 2014 the Cosmopolitan filed its answer and counterclaim against Spiegelworld.  In it, Cosmopolitan lays the blame for the show closing with Spiegelworld.  The Cosmopolitan states that the original concept for Rose.Rabbit.Lie was an integrated social club where all elements of the venue would work together and vary from night to night so that patrons would have different experiences each time they visited.  In order to achieve this vision, the Cosmopolitan entered into a contract with Spiegelworld.  However, Spiegelworld’s principal, Ross Mollison, saw the contract as an opportunity to create his own “O moment” whereby he would create an award winning show along the lines of Cirque’s “O”.  Consequently, he used the Cosmopolitan’s $3 million pre-production budget to create a stand-alone show named Vegas Nocturne and spent lavishly on talent, costumes and props.  According to the Cosmopolitan, Mollison refused to participate in marketing the venue, partially in an attempt to keep the stand-alone portion a secret from the Cosmopolitan. This is because the Cosmopolitan specifically did not want a show that was the same every night.  In addition, the Cosmopolitan states that Spiegelworld negotiated heavily for complete management of the venue.  Consequently, Spiegelworld was responsible for the financial losses which totaled $1 million per month.  The financial overruns allowed the Cosmopolitan to terminate the contract under the terms of the management agreement.  In addition, while some employees may have engaged in bad behavior, it was Spiegelworld’s responsibility to discipline them, not the Cosmopolitan’s.  Furthermore, the Cosmopolitan states that it has repeatedly offered Spiegelworld the opportunity to collect its personal property, which it has failed to do.  Moreover, the restrictive covenants contained in the Management Agreement were agreed to by Spiegelworld and are not overly broad. Consequently, Spiegelworld should be held to its obligations to not move Vegas Nocturne nor to recruit talent from Rose.Rabbit.Lie.  In addition, Spiegelworld should be enjoined for already recruiting former Vegas Nocturne performers in violation of the restrictive covenants.  Lastly, the Cosmopolitan denies it has any obligations to pay for severance payments as the performers were employees of Vegas Nocturne and not the Cosmopolitan.

At this point in time, it is unclear where the truth lies. However, since both parties are well-funded and able to pay for high-priced lawyers, there is no doubt that the allegations will continue to be played out in the headlines for many months to come.

Clear Counsel Law group

Contact Info

1671 W Horizon Ridge Pkwy Suite 200,
Henderson, NV 89012

+1 702 522 0696

Daily: 9:00 am - 5:00 pm
Saturday & Sunday: By Appointment Only

Copyright 2019 Clear Counsel Law Group® | Nav Map

Nothing on this site is legal advice.